Washington Law Review




Virginia Rohn, alone in her beverage store, was robbed by an unmasked man who remained in the store for approximately five minutes. At a police lineup, five days later, she identified defendant as the robber. Defendant's counsel filed a pre-trial motion to suppress the lineup identification because defendant had not been afforded prior opportunity to contact counsel and counsel had not been present at the lineup. After a preliminary hearing, the trial judge suppressed the lineup identification but ruled that Virginia Rohn was not legally precluded from making an in-court identification. Upon conviction, defendant appealed assigning error to the admission of her in-court identification of him. The Washington Supreme Court affirmed. Held: when the trial court has weighed conflicting evidence on whether an in-court identification is "independent" of an inadmissible lineup identification, its finding will not be disturbed if it is supported by substantial evidence. State v. Redmond, 75 Wash. Dec. 2d 64, 448 P.2d 938 (1968).

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